Can a Person in Texas Allow More Than One Person to Have a Power of Attorney?

You can use multiple powers of attorney in Texas

Powers of attorney give you the ability to pass on your decision making powers to someone else. Whether you want to let someone open a checking account in your name or determine your health care decisions when you are sick, powers of attorney make it possible. How many powers of attorney you have is completely up to you. Talk to an attorney in your area if you need legal advice about powers of attorney.

Power of Attorney

You can only grant power of attorney in Texas if you are of sound mind and meet the requirements imposed under the law. These generally require that you grant power of attorney through writing,and that you, the principal, sign the document. You must also name the agent granted the power, list the powers granted and, depending on the kind of power granted, have it witnessed.

Purposes

You can use a power of attorney for whatever you wish and can have as many powers of attorney as you desire. For example, you can give your patent attorney power of attorney to file your patent application on your behalf, your accountant power of attorney to file your taxes and your spouse durable medical power of attorney to make health care decisions for you if you get sick or injured.

Durability

If you want your agent or agents to continue to act on your behalf or to begin their duties once you fall too ill to make your own decisions, you must pass on "durable" power of attorney. If you do not make the POA durable, the agent's right to act is terminated immediately once you become incapacitated. In Texas, you have to include words that clearly indicate that you want the power to continue after incapacity, such as stating "the agent's powers will not be affected by the incapacitation of the principal."

Contingencies

Even if you only use one power of attorney, you can list alternate agents in the document. For example, if you create a health care power of attorney, you can name alternate agents in the event one or more of the agents is unable or unwilling to act as your attorney-in-fact. While all agents listed in your power of attorney get the same powers, alternate agents do not have the same powers at the same time. You can specify that only one person is your agent at a time, and the alternate agents only take that power if the other agent is no longer serving.

References

• Attorney General of Texas: Estate & Advance Care Planning
• Texas Legal Services Center: Durable Power of Attorney Act